Arbitrary and Capricious: The Supreme Court, the Constitution, and the Death Penalty

Front Cover
Bloomsbury Academic, Jun 30, 2003 - Law - 264 pages

Justice Marshall once remarked that if people knew what he knew about the death penalty, they would reject it overwhelmingly. Foley elucidates Marshall's claim that fundamental flaws exist in the implementation of the death penalty. He guides us through the history of the Supreme Court's death penalty decisions, revealing a constitutional quagmire the Court must navigate to avoid violating the fundamental tenant of equal justice for all.

Nearly 100 influential Supreme Court capital punishment-related cases from 1878-2002 are examined, beginning with Wilkerson v. Utah, which question not the legitimacy of capital punishment, but the methods of execution. Over time, focus shifted from the constitutionality of certain methods to the fairness of who was being sentenced for capital crimes—and why. The watershed 1972 ruling Furman v. Georgia reversed the Court's stand on capital punishment, holding that the arbitrary and capricious imposition of the death penalty is cruel and unusual punishment, and therefore unconstitutional. Furman clarified that any new death penalty legislation must contain sentencing procedures that avoid the arbitrary infliction of a life-ending verdict, which led to the current complex tangle of issues surrounding the death penalty and its constitutional viability.

From inside the book

 

Contents

The Supreme Court since Furman
89
The Ongoing Constitutional Debate
175
Reflections and Conclusions
199
Copyright

3 other sections not shown

Other editions - View all

Arbitrary and Capricious: The Supreme Court, the Constitution, and the Death ...
Michael A. Foley
Limited preview - 2003
Arbitrary and Capricious: The Supreme Court, the Constitution, and the Death ...
Michael A. Foley
No preview available - 2003

Common terms and phrases

according acts addition aggravating circumstance appeal apply arbitrary argues basis believe Brennan Burger capital punishment challenge Chief Justice claim clause clear committed concerns concludes consider consideration constitutional constitutionally convicted counsel crime criminal cruel and unusual death penalty death sentence decided decision defendant determine deterrence dissents due process effect Eighth Amendment especially evidence example execution fact factor federal Florida follows Fourteenth Amendment Furman Georgia given guarantee guilty heinous holds human imposed included individual inflicted issue judge judgment jurors jury killing legislative less limited majority mandatory Marshall means ment mental mitigating circumstances moral murder namely notes offense offer opinion person possibility Powell present principle protection question raised rape reason receive reflect regarding Rehnquist relevant remains requires responsibility result retributive serve social society specific standards statute Supreme Court tion trial unconstitutional unusual punishment victim violation White writes

About the author (2003)

MICHAEL A. FOLEY is Full Professor and Chair of the Philosophy Department, Marywood University in Scranton, Pennsylvania. His primary academic interests are philosophical perspectives on constitutional issues.

Bibliographic information

TitleArbitrary and Capricious: The Supreme Court, the Constitution, and the Death Penalty
AuthorMichael A. Foley
PublisherBloomsbury Academic, 2003
Original fromthe University of Michigan
DigitizedOct 28, 2008
ISBN0275975878, 9780275975876
Length264 pages
Subjects › 

Law / Constitutional
Law / General
  
Export CitationBiBTeX EndNote RefMan